By Linny Folau

'Alifeleti Uepi Latu (33) was sentenced to four years and one month imprisonment, with a part suspended for numerous charges, which included serious housebreaking and theft of items valued at $22,750 from a house at Tofoa.

Acting Justice Langi sentenced him on eight charges last month, at the Supreme Court. This was after he pleaded guilty to the charges, which were committed on three different occasions.

On 27 September 2023, the defendant committed the serious housebreaking and theft charges.

The Acting judge stated that the defendant entered the house of the complainant, Siosaia Talau when no one was home and took, without any right, Tongan handicrafts and other items valued at $22,750.

Police were able to recover some of the items valued at $12,030 from several people the defendant had sold the stolen items to. The rest of the items valued at $10,720 were never recovered by Police.

Then on 1 October 2023, Police received information that the defendant was sighted at Dupincia Building. They were looking for him in relation to another matter and found him. While they were on their way to take him to the police station, at the defendant's request they stopped by his house for a change of clothes.

In his home, Police discovered a suspicious aluminium wrapped foil on the kitchen table, and upon inspection it was discovered to be nine .22 ammunition wrapped inside the foil. Police further searched the defendant's vehicle and discovered one pack suspected to be methamphetamine and a further one pack on the driver's wheel suspected to be methamphetamine with one pack containing green leaves suspected to be cannabis leaves.

On 2 October last year, Police confirmed the two packs suspected to be methamphetamine and the suspected cannabis leaves tested positive for 0.11 grams of cannabis.

Moreover, on 12 January this year, Police received information that the defendant was distributing illicit drugs at his home in Tofoa. They acted on this and approached him in his home. A warrantless search was conducted they discovered several items; a purple can, one black bag with one pack of methamphetamine, one pack of cannabis, and one pack containing cannabis leaves.

The defendant admitted the items belonged to him and after being cautioned by Police also disclosed a firearm and stolen items he dumped in a bush close to his home in two large black plastic bags. Police also found a 9mm handgun and a magazine in one of the bags and was informed by the defendant that he had no license for the firearm.

Then on 30 May 2024, the defendant pled guilty to 0.55 grams of methamphetamine, 1.11 grams of cannabis and possession of utensils and possession of firearm without a license, a 9mm semi-automatic pistol.

For the drugs charges, count one (head count) which was possession of 0.55g of methamphetamine. The Crown argued that the defendant's role is between lesser and significant, noting that the presence of a smoking utensil and cannabis indicates personal use.

The Acting judge stated that in light of Mo'unga v R, the Crown argued for minimal suspension of the defendant's sentence.

“The defendant has seven previous convictions in the Magistrate's Court all related to theft, common assault, domestic violence and bodily harm, with his last conviction in 2021 for simple bodily harm.

“Meanwhile, in his pre-sentence report the town officer reported that he is a significant risk to the community, and the town officer had requested to the Prison Commissioner that he be notified when the defendant is released so that he can warn the community to take caution with their property.

“The defendant’s de-facto partner also stated that they had been together for three years but she had no idea there were drugs in their home. She knew the defendant used drugs but he never used drugs in their home. The defendant who was unemployed had solely relied on his mother's money transfers from the United States.

“At 33 years old, with prior drug convictions and recent offences committed while on bail, the defendant's pattern of re-offending suggests he is unlikely to benefit from a suspended sentence.

“There is no reduction in culpability for the current offences. The only factors favouring suspension are the early guilty pleas and limited assistance to the Police. The Crown then proposed that nine months of the sentence be suspended.”

The defendant was then sentenced to serve a total of four years and one month imprisonment. The last 12 months was suspended for three years on conditions that includes being placed on probation during suspension.

In addition, the final sentence of imprisonment was backdated to when he was first remanded into custody for these proceedings. As requested by the Crown, I order that the drugs seized and all items associated with drugs such as the weighing apparatus and plastic packs are destroyed, the cash is forfeited to the Crown and the ammunition and gun is forfeited to the police, ordered the Acting judge.